Court : Kolkata
Decided on : Sep-17-1974
Reported in : AIR1975Cal118
..... by vachas-pati misra (particularly for the mithila school of hindu law), raghunandan on his udbahatawitta, risley's tribes and castes of india and law and customs on hindu castes by arthur steel.4. out of the eight kinds of marriage laid down by the ancient hindu law givers, four only were in approved forms viz., brahma ..... the fifth and the seventh from the mother and from the father respectively. so that is how the ancient law givers of india directed a groom to choose his bride. marriage, according to hindu law was sacred and it is the religious duty of the father to give his daughter in marriage to ..... prayer (c) may be referred to which is a prayer for mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his lifetime cannot merry any other girl. this shows that the admitted case of the ..... according to gandharva form. there was also a prayer for a mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his life cannot marry any other girl.16. the learned judge declared the marriage of ..... disuse in west bengal are not altogether obsolete in all the states of india, and particularly between the parties governed by the mithila school of hindu law. (ii) a marriage in gandharva form may be completed by the performance of ceremonies, other than homa and saptapadi where it is allowed .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-17-1974
Reported in : AIR1974Cal380,(1975)1CompLJ30(Cal),79CWN9
..... have been given by his lordship in taking this view may be stated in brief as follows:9. according to notion of ancient hindu law-givers, a wife acquired from the moment of her marriage, a co-ownership in her husband's property by reason of her being the ..... whether a congenitally blind person was excluded from succession. in that context. trotter, j., observed that it must be regarded as an unabrogated rule of hindu law that a congenitally blind person was excluded from succession and that it could not be described as absolute in any other sense than that of being repugnant ..... in allotting a share to the wife or the mother is that which she had received from her husband or her father-in-law. he submits that the hindu law not having recognised any other kind of stridhana or any other source from which the wife or the mother receives a stridhana or separate ..... she is already in possession of property which is sufficient for her maintenance, it will be against the said object and consequently, against the rule of hindu law to give her a further share on partition in lieu of her maintenance, no matter from whichever source she has received the property.11. we must ..... . the principal defence of lekharani is that purnasashi having inherited an undivided l/4th share of her deceased son siddheswar as his sole heiress under the hindu law, she is not entitled to any residence or maintenance. she denies that purnasashi is entitled to a further share in the joint properties on partition thereof .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-23-1974
Reported in : AIR1975Raj28; 1974(7)WLN308
..... up a separate matrimonial home.' 9. in my respectful submission such notion cannot be imported while interpreting the provisions of the hindu marriage act which has made a radical departure from the ancient hindu law of marriage which did not recognize divorce and under which marriage was an indissoluble tie. i do concede that proceedings under section ..... submit that i do not subscribe to the following observations made by the learned judges: 'besides, even in normal circumstance a hindu wife is not expected to go to her father-in-law's place unless escorted by the husband or any other responsible member of the husband's family. in any event, either the ..... order of the district judge, ganganagar, dated march 7. 1973, whereby the learned judge allowed the respondent's petition for divorce under section 13 of the hindu marriage act. 1955 (hereinafter referred to as 'the act') and dissolved the marriage of the respondent with the appellant by a decree of divorce on the ..... being asked to do so by the father-in-law or the mother-in-law or the husband. even if nothing unpleasant happened in ..... husband or the father-in-law or the mother-in-law sends a message to the paternal home of the wife for the return of the wife to her father-in-law's place. it is not usual for a hindu wife to go to her father-in-law's place of her own accord without .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-10-1974
Reported in : AIR1975SC733; (1975)1SCC212; 2SCR932
..... burhee were ordinarily governed by the benares school of hindu law but the matters of succession they followed their respective kulachars or ancient family customs which have been prevailing in their families from time immemorial and which having acquired the force of law modified the general hindu law to that extent.it would be noticed that in ..... the widow or widows and if there be no widow immediately on the death of such male owner dying issueless. in other words the rule of hindu law viz. that the nearer in degree excludes the more remote is modified by the kulachar to the extent enumerated above. it would be noticed that ..... degree and would not be entitled to succeed to his estate under the ordinary rule of hindu law. their claim is based on the plea of a special custom applying to the family to which the parties belong.2. according to the plaint ..... 1935 are the nearer heirs of ramdhan singh and are entitled to succeed to his estate on the ground of propinquity if the ordinary rule of hindu law applied. the plaintiffs in the present suit as well as the defendants who are sailing with them are related to ramdhan singh in a distant ..... in ramalakshmi ammal v. sivanatha perumal sethuraya to the effect: it is of the essence of special usages modifying the ordinary law of succession that they should be ancient and invariable; and it is further essential that they should be established to be so by clear and unambiguous evidence. it is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-1974
Reported in : AIR1974SC2161; (1974)2SCC559; 1SCR742; 1974(6)LC603(SC)
..... symbolic of transplanting the adopted son from the family of his birth to the adoptive family. in this connection reference may be made to the ancient texts on adoption given in mayne's hindu law (11th edn) at page 226, according to which manu says; 'he whom his father or mother (with her husband's assent) gives ..... a member of the family of the person who appoints him as his heir. there was also the more formal adoption which was recognised under the hindu law in which there was giving and taking and the adopted son becoming a member of the adoptive family. the question whether the adopted son become a ..... not amount to mere appointment of an heir, but has attached to it all the consequences which flew from a full and formal adoption of hindu law. where such a special custom is found to exist it is not necessary for the adoption that it should have taken place in the conformity with ..... is no room for any customary adoption. section 4 of the act specifically provides that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of that act shall cease to have effect with respect to any matter for which provision ..... the rules of hindu law in the matter of ritual or otherwise, become in such cases it is not the rule of hindu law which operates to attach such consequences to the adoption but it is the custom governing the adoption that .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-31-1974
Reported in : AIR1974All197
..... loss of their rights. the ancient roman law recognised a number of exceptions to the general rule of limitation. under the civil laws of rome the rule was 'nullum tempus occurrit regi' (lapse of time does not bar the right of the crown). even the ancient hindu jurisprudence admitted several exceptions to the ..... of ascertaining as to whether the benefit of section 6 of the limitation act should be extended to proceedings under that special or local law. the intention of the legislature to apply the entire limitation act to proceedings under the act is unambiguous. hence, we cannot look to ..... local or special act is quite clear, the application of section 29 (2) (b) of the limitation act to the special or local law must be deemed to have been excluded by the legislature. there would be no justification for circumscribing the applicability of the limitation act in such ..... of the soil and the state in the uttar pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to make provision for other matters connected therewith,it is hereby enacted as ..... section 29 of the limitation act, the relevant portion of which reads as under:'section 29(1) ................................................(2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first schedule, the provisions of section .....Tag this Judgment!
Court : Chennai
Decided on : Jun-21-1974
Reported in : (1976)1MLJ56
..... building of temples, gifts for religious festivals with regard to idols, and gifts to math, have all been hold to be valid religious endowments. in essence, therefore, in hindu law, religious and charitable endowments are not confined to cases of public utility or benefit but also acquisition of religious merit is one of the criteria. the halo, which perceivably ..... which the courts in england have placed upon the term 'charity' in the statute of elizabeth, and, therefore, all purposes which according to english law are charitable, will be charitable under hindu law the hindu concept of charity is so comprehensive that there are other purposes in addition which are lecognised as charitable purposes. hence, what are purely religious purposes and ..... by modern western jurisprudence. from ancient times, one endowment is telescopable into the other. manu says:in the krita the prevailing virtue is declared to be in devotion, in treta divine knowledge, in the dwapara holy sages call sacrifice the duty chiefly performed; in the kaili liberality alone.mukherjee, a famous author on hindu law of religious and charitable trusts, ..... all round dimensional impact of modernisation and technocracy on the community regard to ancient precepts and respect far hindu notions has survived and is still evoking awe and reverence in the minds of the people belonging to the hindu community. judged by this yardstick of living, no court of law can accept a concept, which is strange and unknown and not even .....Tag this Judgment!
Court : Chennai
Decided on : Jul-19-1974
Reported in : AIR1975Mad285
..... one who is totally unsuited to manage himself and his affairs and such incompeteney is directly referable and attributable to the incapacity of his mind. having thus dealt with the law on this aspect of the matter, i shall now revert to a factual consideration of the state of the mind of r.w. 1 with reference to his examination before ..... had been produced, it is doubtful if the conclusion arrived at by p.w. 1 regarding the sanity of r.w. 1 can secure forthright acceptance in a court of law. all that p.w. 1 has stated in her evidence is that she noted the general behaviour of r.w. 1, how he conducted himself and how he answered questions ..... holding an inquisition under the act. consequently, the appeal was allowed and ganesan, j. remitted the matter to the learned district judge for fresh disposal of the case according to law.5. in the enquiry held subsequent to the order of remand, the district judge examined lingaraj on 25-3-1972 and madethe following order:'adjournment prayed for on behalf of .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-20-1974
Reported in : AIR1975Cal109,78CWN448
..... it stands in a different footing, it must be enough, if it is established that the spouse understands the implication of marriage. under the hindu law, the spouse must not be an idiot or lunatic at the time of marriage. the degree of lunacy or idiocy has not been mentioned in ..... to above the petitioner took three-fold grounds. firstly, it was prayed for a declaration annulling the marriage under section 12(1)(c) of the hindu marriage act on the ground that the consent of the husband for the marriage was obtained by fraud. according to the husband the wife was suffering from ..... chandrakona. kiabani is the village where the uncle of the respondent resides. according to both parties the marriage was celebrated in that village in accordance with the hindu rites. from the evidence of p. w. 1 the following facts have transpired, that the father of the respondent did not attend the marriage and the ..... a decision of the bench presided over by my learned brother and myself. it has been held therein that 'in the absence of statutory definition in the hindu marriage act 1955 as to what is lunacy or who is a lunatic person, lunatic must be taken in its ordinary significance i.e., a person suffering ..... the respondent are both hindus by religion. they were married on the 8th march, 1967, at kiabani a village in the district of midnapore, according to hindu rites. both the parties hailed from the same district. the husband's village is at tatarpur about 25/30 miles from kiabani. the respondent and her .....Tag this Judgment!
Court : Chennai
Decided on : Oct-28-1974
Reported in : AIR1975Mad275
..... property. mack j. in this connection, stated 'if a woman has a legitimate daughter and an illegitimate daughter, they will both, in conformity with the ancient hindu texts, take equally'. this means that the learned judges were not prepared to apply that 1 mad lw 704 = (air 1915 mad 63) which regarded ..... we should interpret, the word daughter in the original text above referred to as confined only to a legitimate daughter. as trevelyan in his book on hindu law, edition 3, at page 500, observed, "illegitimacy is not a bar to the succession of children to their mother's property". it is true ..... . but, firstly, that is not the primary sense of these references and is unauthorised by the rules of interpretation recognised by both english and hindu law."there were other approaches to the succession there, one of which was the un-chastity of the woman to whose estate the succession was in dispute ..... and an illegitimate daughter. seshagiri ayyar, j. if we may say so with respect, took an extreme view that illegitimate children had no place in hindu law, at least under the mitakshara system, except in the special cases he referred to. he thought that section xi, which we referred to earlier, should ..... from it in effect. both mack and krishnaswami nayudu, jj. examined the texts and the decided cases as well as leading text books on hindu law and opined that the property which the daughter succeeded to being stridhana, there could not be any nearer heir than the daughter and the illegitimate daughter .....Tag this Judgment!